BILL NUMBER: SB 2033	CHAPTERED  09/19/00

	CHAPTER   539
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN SENATE   MAY 1, 2000

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 25, 2000

   An act to amend Sections 8520, 8528, and 8674 of the Business and
Professions Code, relating to pest control, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2033, Figueroa.  Structural Pest Control Board.
   (1) Existing law establishes the Structural Pest Control Board to
administer licensing and regulation provisions related to the
practice of pest control and its various branches and authorizes the
appointment of a registrar to serve as the executive officer and
secretary of the board.  The provisions establishing the board and
authorizing the appointment of a registrar become inoperative on July
1, 2001, and are repealed on January 1, 2002.
   This bill would delete these inoperative and repeal dates  and
would provide instead that the provisions establishing the board and
authorizing the appointment of a registrar would become inoperative
on July 1, 2005, and would be repealed on July 1, 2006.
   (2) Under existing law, the board is authorized to charge and
collect specified fees, including one for each pesticide use stamp
purchased from it.  Existing law provides that this particular fee
may be deposited into, among other designated accounts, the
Structural Pest Control Research Fund, which is continuously
appropriated.  Existing law also requires the board to establish a
research advisory panel including, among other members,
representatives from the University of California, for the purpose of
soliciting and reviewing research proposals for recommendation to
the board, which then distributes funds to qualified applicants.
   This bill would require the panel, or other entity designated by
the board, to solicit requests for proposals on behalf of the board.
This bill would  require the panel or other entity designated by the
board to prepare and issue the research contracts and to authorize
the transfer of funds to the applicants from the Structural Pest
Control Research Fund, upon approval of the recommended proposals by
the board by a 2/3 vote.  This bill would additionally provide for
payment from this fund  for processing requests for proposals,
contracts, and monitoring contracted research, as specified.  Because
this bill would authorize a new expenditure from this fund, this
bill would make an appropriation.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8520 of the Business and Professions Code is
amended to read:
   8520.  (a) There is in the Department of Consumer Affairs a
Structural Pest Control Board, which consists of seven members.
   (b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100) of this code, the board is
vested with the power to and shall administer the provisions of this
chapter.
   (c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
   (d) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2006, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 2.  Section 8528 of the Business and Professions Code is
amended to read:
   8528.  With the approval of the director, the board shall appoint
a registrar, fix his or her compensation and prescribe his or her
duties.
   The registrar is the executive officer and secretary of the board.

   This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 8674 of the Business and Professions Code is
amended to read:
   8674.  The fees prescribed by this chapter are the following:
   (a) A duplicate license fee of not more than two dollars ($2).
   (b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).
   (c) An operator's examination fee of not more than twenty-five
dollars ($25).
   (d) An operator's license fee of not more than one hundred fifty
dollars ($150).
   (e) An operator's license renewal fee of not more than one hundred
fifty dollars ($150).
   (f) A company registration fee of not more than one hundred twenty
dollars ($120).
   (g) A branch office registration fee of not more than sixty
dollars ($60).
   (h) A field representative's examination fee of not more than
fifteen dollars ($15).
   (i) A field representative's license fee of not more than
forty-five dollars ($45).
   (j) A field representative's license renewal fee of not more than
forty-five dollars ($45).
   (k) An applicator's examination fee of not more than fifteen
dollars ($15).
   (l) An applicator's license fee of not more than fifty dollars
($50).
   (m) An applicator's license renewal fee of not more than fifty
dollars ($50).
   (n) An activity form fee, per property address, of not more than
three dollars ($3).
   (o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).
   (p) A fee for filing a change of a registered company's name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company's officers, or bond or
insurance of not more than twenty-five dollars ($25) for each change.

   (q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).
   (r) A pesticide use report filing fee of not more than five
dollars ($5) for each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month.
   (s) A fee for approval of continuing education courses of not more
than twenty-five dollars ($25).
   (t) (1) Any person who pays a fee pursuant to subdivision (s)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp purchased from the board.  Notwithstanding any other
provision of law, the fee established pursuant to this subdivision
shall be deposited with a bank or other depository approved by the
Department of Finance and designated by the Research Advisory Panel
or into the Structural Pest Control Research Fund that is hereby
created and continuously appropriated to be used only for structural
pest control research.  If the Research Advisory Panel designates
that the fees be deposited in an account other than the Structural
Pest Control Research Fund, any moneys in the fund shall be
transferred to the designated account.
   (2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Consumer Affairs that
includes, but is not limited to, all of the following requirements:
   (A) The depository shall serve as custodian for the safekeeping of
the funds.
   (B) Funds deposited in the designated account shall be encumbered
solely for the exclusive purpose of implementing and continuing the
program for which they were collected.
   (C) Funds deposited in the designated account shall be subject to
an audit at least once every two years by an auditor selected by the
Director of Consumer Affairs.  A copy of the audit shall be provided
to the director within 30 days of completion of the audit.
   (D) The Department of Consumer Affairs shall be reimbursed for all
expenses it incurs that are reasonably related to implementing and
continuing the program for which the funds were collected in
accordance with the agreement.
   (E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of the
program shall be maintained in the designated account.
   (3) A charge for administrative expenses of the board in an amount
not to exceed 5 percent of the amount collected and deposited in the
Structural Pest Control Research Fund may be assessed against the
fund.  The charge shall be limited to expenses directly related to
the administration of the fund.
   (4) The board shall, by regulation, establish a five-member
research advisory panel including, but not limited to,
representatives from each of the following:  (A) the Structural Pest
Control Board, (B) the structural pest control industry, (C) the
Department of Pesticide Regulation, and (D) the University of
California.  The panel, or other entity designated by the board,
shall solicit on behalf of the board all requests for proposals and
present to the panel all proposals that meet the criteria established
by the panel.  The panel shall review the proposals and recommend to
the board which proposals to accept.  The recommendations shall be
accepted upon a two-thirds vote of the board.  The board shall direct
the panel, or other entity designated by the board, to prepare and
issue the research contracts and authorize the transfer of funds from
the Structural Pest Control Research Fund to the applicants whose
proposals were accepted by the board.
   (5) A charge for requests for proposals, contracts, and monitoring
of contracted research shall not exceed 5 percent of the research
funds available each year and shall be paid from the Structural Pest
Control Research Fund.
